DH put on 3 day week

[BikeRunSki]

This morning DH was told that, as from next week, the whole company would be put on a 3 day week. The possibility of a 3 day week had been mentioned, but nothing in writing, no timescales etc. Nearly 3 years ago they were all sent letters telling them they were at risk of redundancy. 4 redundancies were made at that time, then nothing since.

Are DH's employer's allowed to only give him 3 working day's notice of reducing his working hours (and salary) by 40%? Bit concerned, as we have a 4 week old baby and a 3 yo and I am on maternity leave.

God - I bloody well hope they aren't. Hope someone in the know comes along soon.

Bump, know there's some HR people out there.

There may be some info on direct.gov.uk or maybe speak to ACAS.co.uk. Is he member of a Union?

Maybe this is an emergency measure being undertaken by the employers to get them through a particularly tough time, and to hopefully reduce the need for them to make redundancies, however it does seem like incredibly short notice.

Sorry I'm not much help - sure someone will be along soon with more useful info, and good luck with it all in the meantime xx

Not a member of a union. Hadnt thought of ACAS - thanks.

I believe it is an emergency measure, but want this in writing!

What an awful situation, and terrible timing. Doing this without consultation will almost certainly amount to constructive dismissal, but it may be better for him to continue in employment earning something while he looks for something else? The reality is that if the company is in trouble, even if he wins at tribunal, if they company doesn't have any money or has gone into administration, they can't be forced to pay up.

Ok what they are doing is offering what is called "short-time working". CAB have some information here: www.adviceguide.org.uk/index/your_money/employment/basic_rights_at_work.htm#Lay_offs_and_short_time_working

Does you husband's contract allow them to lay him off or put him on short-time working? If not then they have broken the terms of his employment contract and he can make a claim for unfair dismissal. If it does he can still claim redundancy in some circumstances, see here: www.adviceguide.org.uk/index/your_money/employment/redundancy_an_introduction/when_can_your_employer_make_you_redundant.htm

It would be unfair deduction of wages, surely, not unfair dismissal?

Does his employment contract mention the right to do this?

It is unfair dismissal that he could claim because it is the terms of the employment contract that has been breached (if short-time working is not in the contract). It's not unfair deduction of wages because he won't be working the hours (if that makes sense!).

However, where jobs are scarce and if this company is struggling for work (which it sounds like if they've moved to a short week) it might be better to do the short week, look for other work and pick up other hours where possible elsewhere.

We'll have to agree to disagree on that one.

Breaching terms of a contract does not automatically equal constructive dismissal - it depends on how you would interpret the level to which the contract has been breached. And taking an action because there is no alternative for the company would in my opinion fall well short of this requirements for constructive dismissal (which normally requires deliberate, avoidable behaviours that are so fundamental that it is intolerable for the worker to remain in employment)

If a company has moved to short term working as an alternative to insolvency it will have been forced to do so by the constraints of corporate law (the alternative would be to close down the company because a company is not allowed to knowingly continue trading if it is aware that it is insolvent), and therefore the company's actions would be considered reasonable in the circumstances - The company is stuck between a rock and a hard place - it either breaches the employment contracts or breaches company law.

Hence, without terms in the contract to allow for lay-offs, I reckon this is a deduction of wages issue. The employer contracts to work a 5 day week but isn't paid for it = unfair deductions IMHO

Saying all of that, the definition is by the by (unless the OP's DH leaves the firm and tries to sign on, in which case the definition is fundamental), in reality there is very little that can be done in these situations, if there genuinely isn't the money in the bank to pay them. Is there any way of establishing whether the company is doing it for example because the order book is light and they don't want more stock being produced that might not sell, or because the company simply has no money left to pay the staff?

The reason for the reduction in hours is not relevant. If the employment contract has been breached, it's been breached. The reasons why won't matter to an employment tribunal it just looks at the terms of that particular employee's employment contract and decides if a breach has been made. It's a horrible situation to be in, very much a rock and a hard place, but it doesn't allow the employer impunity from claims for unfair constructive dismissal.

I've had a look at the relevant piece of legislation (part II of Employment Rights Act 1996) and there is scope in there for not only the constructive dismissal claim but also an unlawful deduction of wages. It is not my opinion, but statutory law.

To claim constructive dismissal a worker must be an employee, have at least one year continuous employment with the employer the following conditions must be satisfied:

1. The employer has committed a serious breach of contract
2. The employee felt forced to leave because of that breach
3. The employee has not done anything to suggest that s/he has accepted the breach or a change in employment conditions.

So, if the employment contract is for 40 hours a week and the employer is only offering 24 hours work (and there are no clauses to allow a reduction in hours), that is arguably a pretty serious breach of the employment contract. If an employee to withdraw their labour for two days a week without express permission from the employer you would e

...If an employee withdrew their labour for two days a week without express permission from the employer you would expect the employer to deem the employment contract to have been seriously breached and action taken.

Nothing I disagree with there. But the interpretation of point 2 in your list is where I think you are in a very grey area.

Fortunately we can agree to disagree. As per page 3 of this, we are both right.